California Borough v. Powell

Citations

• 50 Pa. Super. 521
• 1912 Pa. Super. LEXIS 89

Syllabus

<p>Road law — Paving—Borough streets — Petition of property owners — Act of April 88, 1889, P. L. J,Jh</p> <p>1. Under the Act of April 23, 1889, P. L. 44, relating to the paving of borough streets, the consent of the owners must be evidenced by the petition of two-thirds of the persons to be taxed who also own two-thirds in number of feet of the property fronting or abutting on the street. If any of the signers are parties, and at the same time acting as agents for other persons who are parties, such agency must be disclosed on the face of the paper; it.cannot be shown by parol evidence.</p> <p>2. Where a lot is owned by several tenants in common the signature of only one of the tenants in common, will in itself not establish the consent of the other tenants in common. The petition itself must show that the one who signed, did so not only for himself, but as agent of his cotenants.</p>